jamila mfaume makanjila mama warda vs republic 2019 tzca 373 4 november 2019

The conviction was quashed because the visual identification evidence was unreliable and the cautioned statement was inadmissible as it was not read out in court, leaving no evidence to sustain the conviction.

Citation: jamila mfaume makanjila mama warda vs republic 2019 tzca 373 4 november 2019
Parties: Appellant: Jamila Mfaume Makanjila @ Mama Warda; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 November 2019
Procedural Posture: Criminal Appeal / Second Appeal From Conviction and Sentence by District Court, Confirmed by High Court, Now Before Court of Appeal
Outcome: Appeal allowed; conviction quashed; sentence set aside; appellant ordered to be released unless lawfully held for another cause.
Legal Topics: Visual Identification, Evidentiary Procedure, Appeals, Attempted Armed Robbery
Source Language: English

Criminal Law Criminal Procedure Visual Identification Evidentiary Procedure Appeals Attempted Armed Robbery

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

Jamila Mfaume Makanjila @ Mama Warda

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From Conviction and Sentence by District Court, Confirmed by High Court, Now Before Court of Appeal

Legal Issues

1 Whether the appellant was properly identified as the perpetrator of the attempted armed robbery
2 Whether the cautioned statement was properly admitted and relied upon as evidence

Ratio Decidendi

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; appellant ordered to be released unless lawfully held for another cause.

Orders

Appellant's conviction quashed
Sentence set aside